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‘Structure does not cater for provisions’
By DAVID KAPI
THE Ombudsman Commission says the current
legislative framework does not cater for specific provision to
investigate and prosecute corrupt officials from the private sector, who
usually play huge part in corrupt dealings and activities.
Ombudsman John Nero said this at the National Research Institute
facilitated anti-corruption workshop held at the Lamana Hotel on
Wednesday.
“Leaders who have been tried under the Leadership Code for
misappropriating large sums of money, obviously someone from the private
sector must be involved in some of those transactions that get the
leaders to the tribunal,” Mr Nero said.
“Therefore, any action that is done by a company can be categorised as a
corrupt act and the person behind the curtain or vice versa should be
held liable, but we fall short of laws that allow these people to be
tried in the tribunals .”
He said the recent enactment of the legislation, known as the Proceeds
of Crime Act, provided a mechanism whereby properties or wealth that
were acquired through improper means can be forfeited to the State if it
could be proven in the court of law, however, this legislation was
introduced recently and was yet to be tested in the courts and applied
to persons who were investigated under the leadership code.
Mr Nero said the Companies Act did not foresee that the company was
capable of committing a corrupt act and therefore there was no provision
to cover corruption.
“The current legislative framework may be insufficient for this specific
purpose, thus, it should be included as a serious offences under the
criminal code,” he said.
He said new legislations must be enacted to address the specific issues
of corruption at the leadership level, the public and the private
sector.
 
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